From Casetext: Smarter Legal Research

People v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
May 4, 2010
73 A.D.3d 810 (N.Y. App. Div. 2010)

Opinion

No. 2007-10478.

May 4, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered October 31, 2007, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Josette Simmons-McGhee of counsel), for respondent.

Before: Covello, J.P., Santucci, Angiolillo and Dickerson, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his challenge for cause to a prospective juror. The record does not support a finding that the prospective juror had an actual bias or otherwise possessed a "state of mind that [was] likely to preclude [her] from rendering an impartial verdict based upon the evidence adduced at the trial" (CPL 270.20 [b]; see People v Hernandez, 222 AD2d 696, 696-697; People v Archer, 210 AD2d 241, 241-242).

[Prior Case History: 17 Misc 3d 1122(A), 2007 NY Slip Op 52105(U).]


Summaries of

People v. McDonald

Appellate Division of the Supreme Court of New York, Second Department
May 4, 2010
73 A.D.3d 810 (N.Y. App. Div. 2010)
Case details for

People v. McDonald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLO McDONALD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 4, 2010

Citations

73 A.D.3d 810 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 3963
899 N.Y.S.2d 658

Citing Cases

People v. McGriff

September 2, 2010. Appeal from the 2d Dept: 73 AD3d 810 (Queens). Jones,…